Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2009

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

 

2008 - 2009 - 2010

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

 

 

 

 

 

 

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT AMENDMENT (TRANSITION TO FAIR WORK) BILL 2009

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Employment and Workplace Relations, the Honourable Julia Gillard MP)



AMENDMENTS TO THE BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT AMENDMENT (TRANSITION TO FAIR WORK) BILL 2009

 

OUTLINE

 

The amendments to the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2009 would:

 

·          give the Minister an additional directions power to direct the Director of the Fair Work Building Industry Inspectorate about the allocation of resources, and

 

·          clarify the ability of the Director of the Fair Work Building Industry Inspectorate to initiate or intervene in proceedings for contempt of court.

 

Financial Impact Statement

 

The financial impact of the amendments is budget neutral.

 



NOTES ON AMENDMENTS

Amendment 1 - Schedule 1, item 49, page 10 (after line 15), at the end of subsection 11(1)

1.             This amendment would amend item 49 of the Bill which establishes the Fair Work Building Industry Inspectorate.  This amendment would amend subsection 11 which sets out when the Minister can give directions to the Director of the Fair Work Building Industry Inspectorate. 

2.       This amendment would allow the Minister to give directions to the Director about the allocation of resources by the Director in connection with the performance of his or her functions or the exercise of his or her powers.  For example, the Minister could direct the Director to allocate specified resources to a particular location or project on the grounds that the location or project was a source of significant non-compliance with workplace relations laws.

Amendment 2 - Schedule 1, item 49, page 11 (after line 14), at the end of subsection 13(2) Amendment 3 - Schedule 1, page 47 (after line 26), after item 85

3.             These amendments would amend item 49 of the Bill and insert a new item 85A into the Bill.

4.             Amendment 3 would make absolutely clear that the Director has the ability to commence or intervene in proceedings for contempt of court in respect of an alleged contravention of particular court orders. The Director would be able to commence or intervene in proceedings if a court has made an order in a proceeding that arose under the Act, or under the Independent Contractors Act 2006 , the Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and involved a building industry participant or building work.

5.             This amendment would operate in conjunction with the existing section 71 which may also provide the Director with the ability to initiate contempt proceedings in circumstances where the Director had intervened in the proceedings giving rise to the order, or to participate in contempt proceedings.

6.             Subsection 71A(3) would provide that if the Director intervenes in a proceeding under this section, the Director is taken to be a party to the proceeding and has all the rights, duties and liabilities of such a party.

7.             Amendment 2 would amend subsection 13(2) to provide that the Director cannot delegate this power.